Harvey v Kechagias

In *Harvey v Kechagias* [1997] NSWCA 138, the New South Wales Court of Appeal considered a dispute concerning the enforceability of a contract for the sale of land. The appellant, Mr. Harvey, sought to enforce the contract against the respondent, Mr. Kechagias, who had sought to resile from the agreement.

The central legal issue before the Court of Appeal was whether the contract for the sale of land was void for uncertainty. Specifically, the court had to determine if the description of the land in the contract was sufficiently precise to identify the subject matter of the sale, or if it was so vague as to render the agreement unenforceable.

The Court of Appeal, in allowing the appeal, reasoned that the description of the land, while not perfectly precise, was sufficient to identify the property with reasonable certainty. The court applied the principle that a contract for the sale of land will not be void for uncertainty if the subject matter can be identified by reasonable intendment or by reference to external factors that are capable of ascertainment. In this instance, the court found that the description, when considered in light of the surrounding circumstances and the common understanding of the parties, was adequate to define the land being sold. The court therefore held that the contract was valid and enforceable.